GEETHANJALI COLLEGE OF PHARMACY

GEOGRAPHICAL INDICATIONS & NEW DEVELOPMENTS IN IPR

&
ADMINISTRATION OF PATENT SYSTEMS

PRESENTED BY:

SONIA CHOWDHURY
st
Mpharm ( Pharmaceutics 1 year)
 Contents

Geographical Indications in Intellectual property rights

New Developments in Intellectual property rights

Administration of Patent system in India

 What is Geographical Indication?

• A geographical indication (GI) is a name or sign used on certain products which

corresponds to a specific geographical location or origin (e.g. a town, region, or country)
• Examples: Basmati rice, Swiss watches etc
• It is an Indication.
• It is used to identify goods having special characteristics originating from a definite
geographical territory.
• It is used to identify agricultural, natural or manufactured goods.
• The manufactured goods should be produced or processed or prepared in that
territory.
• It should have a special quality or reputation or other characteristics.
 Benefits of GIs

• It confers legal protection.

• Prevents unauthorized use of a Registered Geographical Indication by others.
• It promotes economic prosperity of producers of goods produced in a geographical
territory
• Boosts the export
• Can serve as Source-identifiers for consumers,helps the producers develop
consumer loyalty
• Plays a role in consumer decisions ,including willingness to pay a higher price for
regionlly branded food products
• For example,geographical location is an important component of wine pricing
Examples of GIs INDIA
 Who can apply for the regitration of a
geographical indication?

• Any association of persons, producers, organization or authority established by or

under the law can apply.
• The applicant must represent the interest of the production.
• The applicant should be in writing in the prescribed form.
• The applicant should be addressed to the Registrar of Geographical Indications
along with precribed fee.
 Impact of GIs On developing Countries

• Encourage Rural development

• Facilitate market access.
• Saves local natural resources
• Plays an important role in the
preservation of cultural identity.

Mysore Rosewood Inlay

Is the registrationof a
Geographical Indication
Compulsory and How does it
Help the applicant?
• Registration is not compulsory
• Registration affords better legal protection to
facilitate an action for infringement
• The registered propreietor and authorized
users can initiate infringement actions.
• The authorized user can exercise the
exclusive right to use the Geographical
Indication.
• The Registration of a Geographical Indication
is valid for a period of 10 years and renewed
from time to time.
Why GI is to be protected ?

• Denote quality and origin of

products
• Good reputation for the
product
• Preventing the product from
generic products
• Protecting the domestic
market from competitors

Mysore Jasmine
Channapatna Toys
 How are GIs Protected?

• In accordance with international treaties and national laws under a wide range of
concepts:
• Special laws for the protection of geographical indications or appellations of origin
• Trademark laws in the form of collective marks or certification marks
• Law against unfair competition
• Consumer protection law, or specific laws or decrees that recognize individual
geographical indications.
 GI in India

• India,as a member of the World Trade Organization(WTO),enacted the geographical

indications of Goods (Registration and Protection) ACT, 1999 has come into force
with effect from 15 september 2003
• The central government of INDIA has established the Geographical Indications
Registry with all India Jurisdiction in chennai.
• The GI Act is being administered by the Controller General of Patents ,Designs and
Trade Marks - who is the Registrar of Geographical Indications
 Conditions To Get GI TAG
• It relates to a goods , although in some countries , services are also included;
• These goods/services must originate from a defined area;
• The goods/services must have qualities , reputations to the geographical origin of
goods.
Necessity of Geographical Indications
• Geographical indications allow producers to obtain market recognition and often a
premium price
• Geographical indications have become a key source of niche marketing
• Geographical indications are also often associated with non-monetary benefits such
as the protection of knowledge and community rights.
WIPO

• One of the 17 specialized

agencies of the United
Nations created in 1967
• Currently has 185 member
states and is headquartered
in Geneva ,Switzerland
• To promote the protection
Intellectual property
throughout the World.
Agreement on Trade-Related Aspects of
Intellectual Property Rights (1994)

• Two basic obligations on WTO member

governments relating to GIs in the TRIPS
agreement
• Article 22: Prevent misleading the public as
to the geographical origin of the good.
• Article 23: prevent the use of a geographical
indication identifying wines not originating
in the place.
Challenges

• Low brand
value
• Lack of
awareness of
rules &
regulations.
• rampant
misuse of
Indian GI
• Immigration of
labors.
 Why are
geographical
indications
valuable?

• GIs are a marketing tool

• Reputation for quality
associated with place name
used on labels, advertising
• GI-identified products are
believed to command higher
prices
• Of particular interest to
developing countries
 Intellectual Property Rights and its
Development in India
• Intellectual property rights are the rights given to persons over the creations of their
minds and give the creator an exclusive right over the use of his/her creation for a
certain period of time
Development of Intellectual Property rights
in India
• Intellectual Property Right (IPR) in India was imported from the west. The Indian
Trade and Merchandise Marks Act 1884, was the rst Indian Law regarding IPR.
The first Indian Patent Law was enacted in 1856 followed by a series of Acts being
passed. They are Indian Patents and Designs Act in 1911 and Indian Copyright Act
in 1914. Indian Trade and Merchandise Marks Act and Indian Copyright Act have
been replaced by Trade and Merchandise Marks Act 1958 and Copyright Act 1957
respectively3
 Development of Intellectual Property rights
in India
• The theory upon which the patent system is based on, i.e., an opportunity of
acquiring exclusive rights in an invention, stimulates technical process in four ways.
• Encourages research and invention.
• Induces an inventor to disclose his discoveries.
• Offers award for the expenses of developing inventions.
• Provides an inducement to invest capital in new lines of production which
might not appear profitable
• Based on the Rajagobala Ayyangar Committee report, a Bill was introduced in the
year 1965 and the bill was passed in the Lok Sabha but it lapsed in the Rajya Sabha
and once again lapsed in Lok Sabha in the year 1966 due to dissolution of Lok
Sabha. But it was reintroduced in 1967 and passed in 1970; the draft rules were
incorporated in Patent Act and passed in the year 1971
 Steps suggested with particular reference to the situation in
India regarding IPR in the national policy making

• Constitute an integrated single window National IPR commission to deal with IPR
policy issues;
• Integrate national technology planning with IPR and trends in international
technology trade;
• Implement a formal national IPR literacy mission;
• Set-up IPR training institutes to prepare technically qualified attorneys;
• Introduce an enabling national taxation policy to encourage innovation,
building of IPR portfolio and its utilization in technology transfer and trade;
• Urgently modernize the IPR administrative structures in the country;
 Steps suggested with particular reference to the situation in
India regarding IPR in the national policy making

• Improve infrastructure for access and effective use of IPR information. There is
an urgent need to harmonize the patent classification system to ease and optimize
processes in patent searching;
• Re-structure the judiciary and enforcement machinery for professional and
speedy response to IPR issues;
• Training of corporate and institutional managers on effective management of IPR;
• Standardize models for valuation and audit of IPR;
• Evolve national taxation polices of development, use and transactions linked to
IP
 New Dimensions and Issues for Resolution
• As technology explores newer dimensions and uncharted paths in the coming
decades, IPR will assume conducive forms to encourage innovation and
knowledge sharing in a fiercely competitive network. The interlaced issues in IPR
such as
• Domain names and trademarks: Copyright in cyberspace
• Rights on traditional knowledge, prior art, material transfer agreement and bio-
prospecting.
• Softwares and patents.
• Biotechnological inventions and moral issues and patents.
• Compulsory licensing options, border measures and parallel imports and
exhaustion of IPR.
• Government control on export of technology
 Impact of stronger IPR in developing countries
Society reaps the following four benefits from granting such monopoly rights to innovations:
• The stimulation of innovations by private agents, the primary social benefits of IPR.
• The use of new knowledge in productive activity.
• The greater dissemination of new knowledge to other agents.
• The stimulation of innovations by other enterprises.
The TRIPS Agreement provides for norms and standards in respect of following areas of
intellectual property:
• Patents
• Copyrights and related rights
• Trade Marks
• Geographical Indications
• Industrial Designs
• Layout Designs of Integrated Circuits
• Protection of Undisclosed Information (Trade Secrets)
• Plant varieties
 Copyright and rights related to copyright

The rights of authors of literary and artistic works (such as books and other writings,
musical compositions, paintings, sculpture, computer programs and films) are
protected by copyright, for a minimum period of 50 years after the death of the
author.

Also protected through copyright and related (sometimes referred to as

“neighboring”) rights are the rights of performers (e.g. actors, singers and
musicians), producers of phonograms (sound recordings) and broadcasting
organizations. The main social purpose of protection of copyright and related rights is
to encourage and reward creative work.
 The Patent System

A patent is a contract between the inventor or applicant for the patent and the State,
whereby the inventor or applicant gets a monopoly from the state for a certain period in
return for disclosing full details of the invention.

The patent system ensures that information on new inventions is made available for
eventual public use so as to encourage technical and economic development.
 Patent System Administration

The patent office under the ministry of commerce and industry

department of industrial policy and promotion , has been established to
administer the various provisions of the patents law relating to the grant
of the patents and the designs law , relating to the registration of
industrial designs .
 Patent System Administration of India

A Patent application can be filed at any of the four patent offices in india

Four Branches
 Kolkata(head office)
 Mumbai
 Delhi
 Chennai
Patent System Administration in India
Ministry of Commerce and Industry

Controller General of Patents , Designs,Trademark and GI

Senior Joint Controller of Patents and Designs

Deputy Controller of Patents and Designs

Assistant Controller of Patents and Designs

Examiner of Patents and Designs

 References
Books
• Dr. B. S. Kuchekar, Mr. A. M. Khadatare, Mr. Sachin Itkar, by “Forensic Pharmacy”, (7th Ed.) Nirali
publication, Pune, 2007, 16.1-16.8.
• N.K. Jain, “Text Book of Forensic Pharmacy”, (6th Ed.) ,Vallabh Prakashan Delhi, 2003, 302-312.
• N R Subbaram “What Everyone Should Know About Patents”, Pharma Book Syndicate, (2nd Ed.),
Hyderabad .
• Philip W. Grubb “Patent for Chemicals, Pharmaceuticals and Biotechnology” Oxford University Press, 4th
edition
Web References
• www.indianpatents.org.in
• www.tifac.org.in
• www.elsevier.com (TRIPs and patenting activity: Evidence from the Indian Pharmaceutical Industry, Alka
Chadha. Department of Economics, National University of Singapore, 1 Arts Link, 117570, Singapore.)
• www.ipindia.nic.in
• www.sciencedirect.com
• www.google.com